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Bill allows but limits death-penalty evidence post trial

posted Sep 24, 2015, 11:58 AM by Resty Manapat

COLUMBUS,
Ohio (AP) — Condemned killers could gather post-trial evidence in their death
penalty cases as long as the information doesn't embarrass, annoy or unduly
burden the witnesses involved, a legislative committee agreed Wednesday in
approving a revision to an Ohio capital punishment bill.

The
Republican-controlled Senate Criminal Justice Committee approved the
change along party lines but did not vote on the bill itself. Sen. Bill
Seitz, the bill's sponsor, said the revision was an improvement over current
death penalty law, which leaves it up to judges to decide if condemned
prisoners can gather post-trial evidence at all. Seitz said judges often deny
such requests.

"This
bill still provides for something explicitly in law that did not exist
previously," the Cincinnati Republican said.

But
death penalty opponents immediately raised concerns, saying such limits
shouldn't be allowed when individual lives are at stake.

"While
this may be a reasonable standard in a civil case, my office believes it is
wholly inappropriate in a criminal case, and certainly in a case in which the
defendant's life is on the line," said Kari Underwood, an attorney
with the Ohio Public Defender's Office.

Committee
Chairman John Eklund, a northeastern Ohio Republican, said he was
confident judges would balance the interests of justice.

Wednesday's
debate involved what was supposed to be a relatively noncontroversial bill
updating procedures in death penalty cases after a conviction. Supporters said
the revision merely adopts the same standards for protecting witnesses during
evidence gathering long used in Ohio civil law.

But
Seitz said that given the rancor over the legislation, which he described as
"low-hanging fruit," he's concerned about upcoming debate over
another bill he's introduced. It would ban the execution of condemned prisoners
with severe mental illness. Prosecutors have already opposed the measure.

The
two bills grew out of recommendations from a state Supreme Court task
force that studied Ohio's 30-year-old capital punishment law.

"The
death penalty task force took two and a half years to come up with these
recommendations," Seitz said. "I don't want all of them to sit on a
shelf."

The
legislation debated Wednesday also says defense attorneys won't have a page
limit on petitions for post-trial challenges or in their appeals if those
challenges are denied. Prosecutors argue the proposal would lead to some death
row inmates expanding already weak claims and delaying courts from hearing legitimate
arguments by clogging up the system with paperwork.

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